Eleanor Finch
The US Constitution has been revised and expanded since it was first signed in 1787. The Founding Fathers intended the document to be flexible to accommodate the changing needs of the country. Since the Bill of Rights was adopted in 1791, Congress has passed 23 additional amendments, and the states have ratified 17 of them. The 12th Amendment, ratified in 1804, changed the election process by mandating that electors vote separately for president and vice president. The 19th Amendment, ratified in 1920, enfranchised women and declared that they deserved the same rights and responsibilities of citizenship as men. The expansion of executive power, particularly during the presidency of Franklin D. Roosevelt, has also led to a shift in the balance of power away from Congress and towards the presidency.
| Characteristics | Values |
|---|---|
| Date of inception | 1787 |
| Date of ratification | 1788 |
| Number of ratifying states required | 9 out of 13 |
| First state to ratify | Delaware |
| Ninth state to ratify | New Hampshire |
| Date the Constitution went into effect | June 21, 1788 |
| Date of 200th anniversary of signing | 1987 |
| Date of 150th anniversary of ratification | 1987 |
| Basic theory of American judicial review | The written Constitution is the fundamental law within the states and can only change through an extraordinary legislative process of national proposal, then state ratification |
| Powers of departments | Limited to enumerated grants found in the Constitution |
| Role | To enforce provisions of the Constitution as the supreme law of the land and to refuse to enforce anything in conflict with it |
| Influence | Has served as a model for governance worldwide, especially through the 1970s |
| Criticism | Did not originally define who was eligible to vote, allowing each state to determine eligibility |
| Current sentiment | Some believe it may be time to consider revising the Constitution to meet 21st-century needs |
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What You'll Learn
The expansion of executive power
The United States Constitution, which came into force in 1787, has been a cornerstone of a type of civil religion. It has been a notable model for governance worldwide, especially through the 1970s. The Constitution defines the qualifications, benefits, and powers of the presidency.
The Constitution gave the President limited power, and Congress dominated the executive branch until the 1930s. However, there were exceptions to this dynamic, including Andrew Jackson, Abraham Lincoln, Theodore Roosevelt, and Woodrow Wilson. These presidents provided the basis for the turning point that came with Franklin Roosevelt in the 1930s. Andrew Jackson, for instance, vetoed more bills than the six previous presidents combined. Abraham Lincoln, meanwhile, assumed powers that no president before him had claimed, partly due to the emergency created by the Civil War.
The 20th century saw a dramatic shift in the balance of power, with the executive branch now having at least equal power to the legislative branch. This shift was influenced by the United States' emergence as a global superpower after World War II, and the expansion of presidential powers linked to the September 11 attacks.
The brief section of the Constitution outlining the powers and responsibilities of the president, Article II, allows for flexible interpretation by presidents. This flexibility has been leveraged by presidents to expand their powers, particularly during crises. For instance, Franklin Roosevelt issued an executive order prohibiting hoarding gold during the Depression, and Roosevelt increased his authority to reorganize the executive branch and independent government agencies during wartime.
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The Supreme Court's recognition of corporations as people
In the United States, the concept of "corporate personhood" refers to the ongoing legal debate over the extent to which rights traditionally associated with natural persons should also be afforded to juridical persons, including corporations. The Supreme Court has been granting more rights to corporations, including some regarded as those solely for individuals.
The first significant case involving corporate personhood was in 1790, when John Marshall, a private attorney and Continental Army veteran, represented the board of the College of William and Mary in a lawsuit. The case, The Rev John Bracken v. The Visitors of Wm & Mary College, involved the corporation's right to reorganize itself and, in the process, remove professors. The Supreme Court of Virginia ruled in favour of the college, citing the original Crown charter that provided the authority for the corporation's Board of Visitors to make such changes.
Another notable case is Dartmouth College v. Woodward, in which the Supreme Court held that the contract clause of the United States Constitution (Article I, Section 10) prohibited a state from abrogating a private charter, including that of a college. This case established the precedent that corporations had the same rights as natural persons with respect to the enforcement of contracts.
One of the most significant developments in corporate personhood was the 1886 Supreme Court case Santa Clara County v. Southern Pacific Railroad Co. While the Court did not explicitly rule on the issue, a headnote issued by the court reporter claimed to state the sense of the Court regarding the equal protection clause of the Fourteenth Amendment as it applied to corporations. This was the first time the Supreme Court was reported to hold that the Fourteenth Amendment's equal protection clause granted constitutional protections to corporations as well as to natural persons.
In the 20th century, the Supreme Court continued to extend certain rights to corporations, such as the right to equal treatment under state tax laws. However, it is important to note that the Court has not granted corporations all the rights of natural persons. For example, the Court has ruled that corporations do not have a right against self-incrimination under the Fifth Amendment.
In recent years, the Supreme Court has expanded corporate rights even further. In the 2010 case Citizens United v. Federal Election Commission, the Court ruled that corporations have the right to make unlimited political expenditures under the First Amendment. This decision reversed a century of legal understanding and unleashed a flood of campaign cash, contributing to the growing influence of wealthy donors and corporations in politics.
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The right to vote for women
The 19th Amendment to the U.S. Constitution, passed by Congress on June 4, 1919, and ratified on August 18, 1920, granted women the right to vote. The Amendment makes it illegal to deny any citizen the right to vote based on their sex, effectively guaranteeing American women the right to vote. The campaign for women's suffrage was long and difficult, and while the 19th Amendment was a significant step forward, it did not ensure full enfranchisement for all women.
In the early history of the U.S., most states allowed only white male adult property owners to vote. The Constitution did not originally define who was eligible to vote, leaving this decision to the individual states. New Jersey was a notable exception, where women were able to vote until 1807.
The women's suffrage movement faced tensions and fractures over race, particularly with the introduction of the 15th Amendment, which theoretically enfranchised Black men but not any women. While Black suffragists played a pivotal role in the passage of the 19th Amendment, they remained without a practical right to vote following its adoption. Black women, Indigenous women, Asian American women, and women from other racial and ethnic minority groups continued to face discrimination and voter suppression long after the passage of the 19th Amendment. It wasn't until the Voting Rights Act of 1965 that crucial protections were afforded to these women, and their right to vote was truly protected.
The basic theory of American judicial review states that the written Constitution is the fundamental law within the states. It can only be changed by an extraordinary legislative process of national proposal and state ratification. The powers of all departments are limited to the grants enumerated in the Constitution, and courts are expected to enforce the provisions of the Constitution as the supreme law of the land.
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The role of the Supreme Court
The Supreme Court is the highest court in the United States, established by Article III, Section I of the Constitution. It is the court of last resort for those seeking justice and has the final say on whether a right is protected by the Constitution or when a Constitutional right has been violated. The Supreme Court consists of one Chief Justice and eight Associate Justices, who are appointed by the President and confirmed by the Senate. These justices typically hold office for life, and their salaries cannot be decreased during their term. These measures are in place to protect the independence of the judiciary from political interference.
The Supreme Court has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction, meaning it can hear cases on appeal that involve a point of constitutional or federal law. The Court has the discretion to decide whether or not to hear a case, and it agrees to review around 100-150 cases out of the 7,000 it is asked to consider each year.
One of the most important roles of the Supreme Court is its power of judicial review, which was established in the case of Marbury v. Madison in 1803. This power allows the Court to declare a Legislative or Executive act in violation of the Constitution and ensures that each branch of government recognizes the limits of its power. The Supreme Court can also enforce the provisions of the Constitution and refuse to enforce anything that conflicts with it.
In summary, the Supreme Court plays a crucial role in the constitutional system of government in the United States by interpreting and enforcing the Constitution, protecting civil rights and liberties, and ensuring that the different branches of government remain in check.
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The power to regulate commerce
The United States Constitution was drafted in 1787, replacing the Articles of Confederation, which had served as the country's first constitution since 1781. The Articles of Confederation had given the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, or print money.
The Commerce Clause, or Article 1, Section 8, Clause 3 of the U.S. Constitution, grants Congress the power "to regulate commerce with foreign nations, among states, and with the Indian tribes." This clause was included in the Constitution to address the problems of interstate trade barriers and the ability to enter into trade agreements. The power to regulate commerce extends beyond the regulation of commerce among the states and includes intrastate activities that substantially affect interstate commerce. The Commerce Clause has been interpreted to give Congress plenary and complete power over interstate commerce, with no limitations other than those prescribed in the Constitution.
The interpretation of the word "commerce" in the Commerce Clause has been a subject of debate, with some scholars arguing that it refers only to trade or exchange, while others claim that it was intended to describe a broader concept of commercial and social intercourse between citizens of different states. The Supreme Court has held that an activity is considered commerce if it has a "substantial economic effect" on interstate commerce or if the "cumulative effect" of one act could impact such commerce.
The Commerce Clause has been used by Congress to justify exercising legislative power over the activities of states and their citizens, leading to ongoing controversies regarding the balance of power between the federal government and the states. The Tenth Amendment to the Constitution has also played a role in the Court's view of the Commerce Clause, with the Rehnquist Court limiting the commerce power to prevent overstepping into individual liberties.
In summary, the power to regulate commerce granted to Congress by the Commerce Clause has been a significant aspect of the U.S. Constitution, enabling the creation of a free trade zone among the states and the negotiation of treaties to open foreign markets to American-made goods. The interpretation and application of this power have evolved over time through Supreme Court decisions and changes in the Court's jurisprudence.
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Frequently asked questions
The Articles of Confederation, which gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn’t regulate commerce, or print money.
The Articles of Confederation did not have any enforcement powers, which led to states' disputes over territory, war pensions, taxation, and trade, threatening to tear the young country apart.
Nationalists, led by James Madison, George Washington, Alexander Hamilton, John Jay, and James Wilson, began working towards strengthening the federal government and revising the Articles of Confederation.
Since the Bill of Rights was adopted in 1791, Congress has passed 23 additional amendments to the Constitution, and the states have ratified 17 of them.
